Representation of Client in Contract Law Case

Representation of Client in Contract Law Case THE INTRODUCTION Abstract from the question given, on the purpose to advice on Arnold, it is vital and crucial to find out whether or not a contract has been formed between the parties involved so the locus standi[1] of Arnold can be tracked. Hence, with the establishment of locus standi, Arnold may then can take action on issues he has encountered to the parties. It is simply indicating that, there must be a mutual agreement which is legally enforceable between parties involved. In another word, there must be an existence of consensus ad idem.[2] Whereby Lord Wilberforce a say on this issue in The Eurymedon as below:- [3] English law, having committed itself to a rather technical and schematic doctrine of contract, in application takes a practical approach, often at the cost of forcing the facts to fit uneasily into the marked slots of offer, acceptance, and consideration In summary, In order to claim remedies, a valid contract shall consist of offer, acceptance, and consideration whereby this ensu res and that gives locus standi to the claimant to carry out contractual action towards the defendant. The issue in this question would be seeking for an evaluation on whether the statement made is a term or representation. If it is a term, it may lead to breach of contract ; whereas, if it is representation, it is imperative to seek for remedies available for the claimant. Establish the Contractual Relationship with the claimant Therefore, it can be denoted that the claimant, Arnold must have prove his contractual relationship with the first defendant, William to uphold his claim on his misfortune incident since he considers the deal given by William a bad one. It is then submitted that, William can be categorised as an offeree whereby his enquiries is just merely an invitation to treat since he is just plainly making a request due to his needs. An invitation to treat, as per Treitel : When parties negotiate with a view to making a contract, many preliminary communication may pass between them before a definite offer is made[4] Based on the fact given, Arnold is indeed on the look out for a house in the newly built Kenwood Park and sought for Williams consultation who is a house broker. As a result, it is submitted that Arnold is making an Invitation to treat in lieu of an offer like what has been illustrated in the case of Gibson [5]. Whereas, on another hand, in the light of Storer v Manchester,[6] in acc ordance to offer as defined by Professor Treitel, William has expressly show his willingness by giving Arnold particulars of that house. [7] On the surface, contractual relationship thereby established. Determining the statement made is a term or representation Thus, It would be imperative to then applying Fletche LJs guideline as laid down in Heilbut Symons v Buckleton to find out possible contractual action.[8] It was held that a vague statement would amount to representation instead of a term. Whereby in Dimmock v Hallet that described the land as fertile and improvable is constitute to a representation. [9] Likewise, in this scenario, statement made by William that a hypermarket will be opened in about 3 months is said to be a representation. In a nutshell, the core issue in this scenario would be whether William as an representor has misrepresented the facts to Arnold, the representee which by any chance may give rise to liabilities and Arnold shall be advised on the ground of the probabilities for being granted for possible remedies. The onus to prove the offeror has misrepresented the facts It is advised that, in order to determine whether one has been misrepresented to the claimant, there are elements to prove an actionable misrepresentation. The representation made by the representor must be unambiguous false statement of fact which is addressed to the party misled and which includes that party to enter into a contract.[10] This also signifying that, there must be a false statement of existing fact or law, and it is addressed to the party misled which has materially induces the party to embark into a legally binding agreement. As such, if the statement made is held to be a mere puff, a party will not be blamed under contractual liabilities. Notwithstanding with that, If all the elements have been satisfied, misrepresentation then has successfully raised at the first glance and remedies is likely to be granted. Elements to be proved on each statement made Essentially, in order for a misrepresentation to be stand in this circumstance, the statement made must not be an opinion or mere puff. The defendant will therefore argue the statement made is merely an opinion; hence, the claim towards him will not be succeeded as laid down in Bisset v Wikinson.[11] Nevertheless, contrary with the mentioned point, In Smith v Land Home Property Co. Ltd ,[12] It can be rebutted that the statement is however an existing fact as per Bowen LJ :[13] The one who knows the fact best involves very often a statement of a material fact It is nonetheless may be argued that, Arnold should have check the facts instead of relying on it; hence, it is not at fault of the defendant. On another hand, William as the house broker should have better knowledge than any ordinary person as he possesses a special skill as held in Esso Petroleum Co. Ltd v Mardon.[14] In addition, as Lord Evershead MR has uttered in Brown v Raphael[15] , where such a person were in a better position than the other party to check the facts to back up his opinion, but did not do so, such person will be liable for misrepresentation.[16] From the fact, William has described the Kenwood Park as Gated and Guarded and it was the most desirable property within the vicinity that turned out to be untrue. William as a house broker hold a better position than Arnold to ensure his opinion is true. Furthermore, he should have known the fact that Heavenly Homes is more popular since it is a well-known fact as compared to the Kenwood Park. Besides, it is of common knowledge that, guards must be employed by the residence but not the developers. William is therefore made a statement of fact and by possessing a special knowledge failed to check even he is in better position to do so. It can be said prima facie that he has misrepresented a statement of fact. In contrast, William may also raise an argument that, in general, a statement of a future intention will not constitute as a stateme nt of fact therefore it is of no effect for him to be liable under misrepresentation on the grounds of Lord Wilberforce in British Airways Board v Taylors.[17] It would not be just and fair as it is impossible for one to foresee the future and it is unpredictable and that binds the claimant. Indeed, William has mentioned that a hypermarket will be opened in about 3 months within Kenwood Park which amount to a statement as to the future. However, William cannot walk away based on that ground as Arnold may argue that a statement as to the future, can implicitly contain a statement of fact. In the light of Spice Girls Ltd v Aprilia World Service BV , It is illustrated that if the maker of the statement did not genuinely hold the intention or belief at the time of making it, he will misrepresenting the fact.[18] As grasped from the fact, it is opined that William did not hold the intention indisputably by the time making the statement but he was said it with full faith by stating a spec ific timeframe that a Hypermarket will be opened in 3 months within Kenwood Park,. Hence, it is argued that the statement given are not merely an intention since at the time of contract, he believes himself is making an existing fact which at a higher possibility that the hypermarket will be built and well-established within 3 months. As held in Edgington v Fitzmaurice, the statement made by William howsoever it may be controversial to be an intentional statement; it still amounts to a statement of fact.[19] Even so, William may still argue that, in his understanding, he does not know that the Kenwood Park will not be Gated and Guarded in which is a half true statement, therefore, it can be argued that part he has misstate was silent apart. Action shall not be taken towards him as he says nothing about that since it was held in Fletcher v Krell that silence or non-disclosure of fact does not give rise to liability.[20] Hence, William may not be liable under misrepresentation at this juncture. Notwithstanding with the above issue, Arnold can demolish that argument by claiming there is a set of exceptional rules whereby a half-true statement is deemed to be a misrepresentation as laid down in Nottingham Patent Brick Tile Co. v Butler.[21] Moreover, it is submitted that, there is a fiduciary relationship between both of them in which it is held that the party has the duty to disclose all the necessary fact to ensure a fair transaction under the light of Tate v Williamson.[22] By juxtaposing the law and the fact, it is a crucial factor for William to ensure all the necessary facts has been told since it might affect the transaction. As a result, silence in this scenario does give rise to liability at the first glance. In accordance to the ratio of With v O Flanagan, it can also be argued that, whenever there is any occurrence of changes in the circumstances, the party should have check so the existing fact would not be false and misled the party.[23] On the fact, the plan for the hypermarket has been scrapped by the developers to make way for a man-made lake. Based on that, William was in fact, did not check and inform any changes to Arnold before signing the agreement. Also, another vital issue would be to prove whether or not has the statement of fact made by the representor has materially induced the represetee enter into the contract. As per Jessel MR has expressed in Mathias v Yetts: [24] if a man has a material misstatement made to him which way, form its nature, induce him to enter into the contract, it is an inference that he is induced to enter into contract by it. You need not prove it affirmatively. On the fact, The inducement has shown when Arnold actually became interested and gave 10% of the price of the house to William as a down payment after he listened to Williams statements where he described the property is gated and guarded, there will be a hypermarket opening in within 3 months and illustrated it as the most desirable property in the vicinity that is not wholly true. Attwood v Small.[25] Apart from that, William may, at this stage, argue that the statement made must be done directly by the representor to the representee in which the house owner is John whereas he is just merely an innocent third party. Hence, action could not be taken towards William. However, on the grounds of Conlon v Simms whereby it says, the statement made can also be done through an authorised agent.[26] Based on this sense, William as a house broker has acted on behalf of John to deal with William and the statement made by him has indeed misled Arnold to embark into a bad deal. Nonetheless, According to Smith v Chadwick, it is submitted that if the representee knows it is a representation statement, then, it shall not be taken action on misrepresentation.[27] However, it is argued that Arnold does not aware of the statements since he intends to discontinue with the agreement. Afterhe knows the facts told is not true. Henc e, it is prima facie that , in the light of Horsfall v Thomas, the claimant, Arnold can now take action towards William under misrepresentation as all the elements has been satisfied.[28] The next caveat would be to determine which type of misrepresentation can the claimant claim under and the possibility of Arnold to rescind the contract. Type of Misrepresentation It may be submitted that Arnold can claim for his rescission subject to the bars to rescission as he wishes to discontinue with the purchase. It is advised that, Arnold may seek for remedies under Fraudulent Misrepresentation or Negligent Misrepresentation which both has got different components to be proved and the burden of proof lies on the representee. First and foremost, in order to claim under Fraudulent Misrepresentation which is governed under the tort of deceit, it must be proven that the statement made knowingly, without belief in its truth, reckless whether it will be true or false as stated under Derry v Peek.[29] However, in this case, Fraudulent may not be successfully stand as William do not make the statement knowingly as the actual fact is, the plan for the hypermarket has been changed unbeknown to all parties by the developer. Therefore, the claim would unlikely to be successful under Fraudulent Misrepresentation as the standard of proof is rather high. The alternat ive way would be Negligent Misrepresentation under Negligent Misstatement in common law on the grounds of Hedley Bryne v Heller.[30] In order to claim under this type of Misrepresentation, it is needed to prove the existence of special relationship. On the fact, there is special relationship between them are on a dealing of Business. In addition, as laid down in William v Natural Life Health Food, special relationship can be tracked since he possesses special knowledge which in fact he is a house broker.[31] On the fact, it can be argued that, though William maybe believes all the statement made by him to be true, he has the duty to check. On this stage, it may be said that Arnold is at the higher chance to get rescission. William may claim that, there is one possible bar to rescission available which is the lapse of time as described in Leaf v International Galleries On the fact, Arnold has decided to take contractual action only on a week before signing the agreement which the lapse of time argument would not render rescission ineffective. Thus, rescission is still available where he can recover his paid down payment as well if he successfully claims under Negligent Misrepresentation. On another hand, Arnold may also take action against John as he is the owner of the house and do not disclose the defects of the property. On the fact, there have been a few cracks appearing in some parts of the house. However, it is said the representation is made between William and Arnold as a lawful authorised agent. Therefore, misrepresentation could not occur in this scenario. In a nutshell, Arnold as a representee is now at a higher to claim for remedies which are rescission and damages as William has made a false statement of existing fact and that materially induced and misled to Arnold to embark into the contract on the purchase of the property.

How Is Dramatic Tension Created in Act 2 Scene 2 of Macbeth?

Shakespear wrote the play ‘Macbeth' in the 16th century and its set in the 11th century. The different themes explored in this play are Power, Fate, Destiny, Evil as well as the unnatural. The play is about Macbeth trying to gain power in ruthless ways because of the predictions the three witches made. Lady Macbeth plays an important role throughout the play too as a powerful elizabethan woman. In Act 2 Scene 2 Macbeth starts going insane due to the guilt and we see a change in his character right before this scene Macbeth's killed the king and now is dying out of guilt. This is a very pivotal scene in the play as I believe this is the turning point of the play as after this scene more crime is commited too. The scene begins with Lady Macbeth talking. The audience understands that Lady Macbeth is waiting for her husband to return from commiting the crime. Lady Macbeth seems to be thrilled and agitated, telling herself that its all going to be okay. She feels courageous and fearless, the audience gets this idea as she keeps repeating her plan over and over and over again believeing in herself feeling â€Å"bold† claiming she has â€Å"fire†. Lady Macbeth comes out as a very strong Elizabethan woman who believes in her own power to manipulate and control Macbeth the way she likes it. She first says â€Å"that what hath made them drunk, hath made bold; What hath quench’d them, hath give me fire† this is her saying she is excited as she believes that her husband is about to achieve greatness and become the king, his plans have made her passionate about the death of Duncan or is she trying to convince herself that she is right to plan the murder? A Shakespearian audience would start to believe that she is a witch as in Shakespeare times they strongly believed in witches. Reason why Shakespear wrote this play was due to King James the first's obsession with witchcraft. A Shakespearen audience would be very appalled as they would expect a woman in those times to be very obident and innocent. Shes meant to represent her husband however Lady Macbeth behaves much differently. This gives the impression that she is twisted as she sees murder as something so trivial and has no feeling of guilt whatsoever, to an extent of planning the death of the Duncan.. A king also in those times is said to be as a â€Å"messanger of God† therefore killing a God's messanger would be something that could lead upto death penalty. A modern audience would not be as shocked as a Shakespearn audience as society has now changed and such behaviour is very expected in a woman too but some might disagree and act surprised as women are seen to be the more vulnerable, helpless ones in society and would never expect them to behave in this manner. Macbeth enters when the crime is commited. Lady Macbeth makes sure to greet him. Dramatic tension first starts when Lady Macbeth says ‘the owl scream and the crickets cry’. To a modern audience, this has no meaning but during Shakespearean times these noises were signs of someone who has died/death. Also, something evil and unatural. Short sentences are used to build up dramatic tension. Both Macbeth and Lady Macbeth use one worded answers and ask short questions. For example: ‘When? ’ ‘Now. ’ ‘As I descended? ’ ‘Ay. ’ This builds up tension as the reader might believe Lady Macbeth and Macbeth are scared so the conversation is short and snappy. If this scene was re-enacted the actor would read this in a hushed voice and a quiet tone as they wouldn't want to get caught. The audience is aware that Macbeth has commited a sin. The audience would begin to feel cautious and tension builds up because what happens next is not predicatble, the audience is not sure if they would get caught or heard by someone. This is where things start to get a twist and this scene gets more interesting as we see a change in the characters. This is where Macbeth's madness starts as well as his guilt and the fear that people will discover what has happened. The theme of guilt is then built up throughout this scene. Lady Macbeth seems to keep her sentences short in this part of the scene as she thinks that Macbeth is starting to go insane. She says things such as â€Å"Consider it not so deeply† she doesn't want to confuse him furthur or wants him to feel any sense of guilt as this would blow her cover. Macbeth says â€Å"I had most need of blessing, and ‘Amen' Stuck in my throat† He wont say a holy word as hes gone against all of The divine rights of Kings which means he has also gone against God. The audience understands his guilt and feels however they know he did wrong and also went against his religion therefore it’s understandable that Macbeth should suffer with his guilt. Religion is shown at this point. Lady Macbeth takes notice of Macbeth's condition and tries to make sense to him For example ‘These deeds must not be thought, After these ways; so, it will make us mad’. She makes sure of herself and is assertive. The audience can see no signs of regret or guilt with her whatsoever. The theme of nature and guilt are constantly repeated throughout this scene. ‘Sleep no more! Macbeth does murder sleep’ which suggests that people will be in fear that Macbeth is left loose. Sleep is nature’s way of healing a person and Macbeth can't get any as he went against all the rules of nature – â€Å"Sleep no more; Macbeth shall sleep no more†. Macbeth says ‘I heard a voice cry’. This suggests hes going insane as he begins to hear other voices in his head. The constant repetition of referal to nature and religion emphasizes his guilt and regret; He knows he did wrong and repeating it reminds him of that. Macbeth feels confused and helpless as his insanity gets difficult to deal with. Lady Macbeth starts to take notice of Macbeth's madness and tries to take control of it. Themes of guilt and regret are still carried on. Lady Macbeth tries to inforce her words on him, For example ‘Infirm of purpose! As if shes telling him to accept the facts and move on. Lady Macbeth still shows no signs of guilt or regret. She is frustrated and almost shouting at him, forcing him into believing the way she does. Her tone of voice and use of language is harsh which attacks Macbeth's pride and ego as a man. She mentally manipulates him into thinking her way. Lady Macbeth takes control and is motivated by the need to not get caught and by the greed of power so then she can become the queen. The audience can once again see her manipulative side and feels sympathetic towards Macbeth. She tells Macbeth to hand her the daggers; she makes Macbeth feel useless and little as a person, directly attacking his pride as a man. Macbeth's madness continues to get worse. Lady Macbeth says â€Å"My hands are of your colour; but I shame To wear a heart so white† She makes him feel that he done the same crime as her but shes perfectly fine but hes acting like a coward, she keeps attacking his pride so that she gets what she wants out of him. As during Shakespearean times, pride and honour meant a great deal of importance. Macbeth doesn’t show any of this now. Becoming the queen is the most important motivation for her currently. Shes driven by her need and greed for power. Use of language is used to build tension, Shakespeare uses a hyperbole to express Macbeth’s guilt and the theme of regret. For example ‘Will all great Neptune’s ocean wash this blood clean from my hands? ’ This tells me that Macbeth feels really guilty hes comparing what he did as big a deal as the whole ocean saying Macbeth would need an ocean so big for him to be forgiven or to wipe away the evidence of his crime and wash this crime, this blood off their hands. Also ‘The multitudinous seas in incarnadine, making the green one red’. This imagery of blood and red is repeated and exaggerated which then again links to guilt and the theme of blood. Short sentences and noise such as ‘Knocking’ is used repeatedly to build up tension, the fear that anyone will find out keeps them anxious. Dramatic tension is created throughout this scene by the use of language, short sentences, hyperboles, repetition and imagery. This scene is an important one in the play as this is where we see a change in the characters and theres a twist in the story. This creates suspense and makes it unpredictable so the audience wants to know what will happen next and keep them interested and wanting more. Hyperboles emphasize the crucial themes in this scene like how Macbeth needs the oceans to describe his guilt and regret. Repetition makes the action continuous and seem important as its being repeated a several times and short sentences speed up the pace of which the actions happen at and help build up tension.

Ethnic Minorities in America Essay - 2219 Words

Ethnic Minorities in America In the United States the term minority often infers membership within an ethnic or cultural minority group. However, this term also encompasses other groups that lack equality, such as women, homosexuals and people with disabilities. By definition, the hearing majority classifies Deaf people as minorities because of their inability to hear. Yet linguists and social scientists argue that the basis of Deaf peoples status as a minority group is not one of disability, but as a cultural and linguistic minority (Lane, Hoffmeister and Bahan: 1996: 335-6). In order to assert that Deaf people are a linguistic and cultural minority in America the characteristics of a minority group must first be defined.†¦show more content†¦(Humphrey and Alcorn, 1995: 85) Unequal treatment and the lack of power are phenomena Deaf people have endured throughout time because of their inability to hear. Historically hearing people viewed deafness as a defect of the mind and body and they did not afford the Deaf the right to an education, own property or sign contracts. Deaf people have long been subjugated by hearing people in all areas of life. The most blatant act of audism occurred in the education of Deaf children. From 1880 until today hearing people have dictated that the method of education utilized should be one that enables the Deaf to more readily assimilate into the mainstream society. In order to achieve this goal, Deaf children were forced to wear auditory trainers (machines that supposedly allowed them to listen to teachers voices) and were slapped with rulers if they attempted to sign or gesture out of frustration. (Graybill video) The focus of Deaf education was not about teaching Deaf children material appropriate to grade level but altering behavior and improving speech ability. 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History on the War on Drugs Essay - 1788 Words

English 41461 October 26, 2010 History of the War on Drugs The war on drugs has been an ongoing fight that many presidents and foreign allegiances have tried to stop the trafficking, distribution and use of illegal drugs into the United States and around the world. Policy and laws have been created and maintained and changed to try and prevent illegal drugs being made in other countries as well as the United States and from being brought across the borders into the United States. The punishment for the drug traffickers and users has been an issue with the campaign to stop illegal drug use and trafficking. Through the United States history the president’s and their administration have been focusing on how to deal with the war on drugs†¦show more content†¦Drug Abuse Resistance Education (DARE) was initiated in schools all over the United States in 1983 to inform students about the effects drugs cause and to make children and their parents more aware of the drug problem in the U.S. (Frontline). Un der Reagan, the federal prison population doubled. Young offenders and non-violent drug users were sent to Special Alternative Incarceration boot camps, where they were brainwashed with yet more anti-drug propaganda, to undermine their subversive attitudes. The President declared the War on Drugs to be one of the major achievements of his administration, while the international narcotics trade thrived and cannabis prices sky-rocketed. Then in July 1984, the Washington Times published a story about DEA informant Barry Seal’s infiltration of the Medellin cartel’s operation in Panama. 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Therefore, communities are locked while the promotion of illicit drugs become the dominate framework to organized crimes. Today, the war on drugs continues to be an ongoing battle within our society. This paper will examine these issuesRead MoreArgumentative Essay On War On Drugs1515 Words   |  7 Pages War On All Drugs The War on Drugs has been a long and difficult road for humankind. So many drugs exist today, from street drugs to recreational use to prescription and over-the-counter medications. They all affect anyone who uses them. Some give you an inebriated high and if overused and can lead to death. Drugs that were originally intended to cure an illness or disease are being combined to form an illegal substance. When it comes to curing the illness that was made by the drug, rehabilitationRead MoreRace For Nonviolent Drug Offenses Essay1110 Words   |  5 Pagesput in place in the South and Midwest for drugs directed towards minorities. For the purposes of this essay I want to look at race when describing how race disproportionately plays in the legal system for nonviolent drug offenses. In America since 1970 since Nixon declared a war on drugs and the introduction of crack cocaine in the 80s America there has seen a rise of prison inmates. The majority of the inmates are minorities being c harged with nonviolent drug offenses. As result, I would like to examine

Essay about Student and Utah State University - 1194 Words

†¢ Discuss potential key changes in the external environment, specifically competition and technology including communications that Sigma will face in the future. Which will have the most impact on Sigmas future marketing strategies? We discussed in the previous theme the development of a market and how to determine if a product fits or if it needs alteration. Now, we look at the product in the marketplace and how long it can survive. All products have a lifecycle. They begin as an idea that needs Research and Development (RD) or time to develop. This is a direct cost to the company. Once the product and/or service is ready to be marketed, it goes through five stages: development, introduction, growth, maturity, and decline. Utah†¦show more content†¦Ã¢â‚¬ ¢ In what ways do you expect your chosen academic subject or career to be satisfying? †¢ If you have a professional role model, explain: how did they inspire you? Example: I have always been interested in cars. My father taught himself how to fix a lot of minor problems with cars, and I learned a lot from watching him. I have also learned from my work experience at a couple of service stations about how to work with customers. A lot of people do not think fixing cars is a great profession, but I have seen that a well-run shop can be satisfying and profitable for the owners. So many service stations have waiting rooms, which are small, noisy and uncomfortable, with only coffee and a vending machine. Customers get impatient when they feel stuck waiting in a place like that. I would like to start a service station with a waiting area, which was like a good cafà ©, and serve espresso drinks, smoothies and good food. There would be lots of car and racing magazines for people to look at, and customers could just relax and enjoy themselves while waiting. In order to make this dream come true, I need to develop my automotive technology knowledge and learn how to start and run a successful business. This is why I am enrolling†¦ Closing paragraph: Be positive, upbeat, and tell ‘em â€Å"I’m going to make it!† Just three sentences will do. Example: I am really looking forward to going to college. A lot of people doubted I would make itShow MoreRelatedSexual Assault And Rape Among College Campuses Essay1363 Words   |  6 Pagesongoing issue across the nation for decades. In the state of Utah, this complex issue will not have a simple solution, but measures can be taken to prevent sexual assault and rape occurring on campuses. Utah Valley University is a campus that is taking considerably impressive measures to combat sexual assault, which will be a basis of this paper. Through university sex education, stricter laws and enforcement, and providing on-campus services to students, cases of sexual assault and rape in the higherRead MoreThe Ethics Of The State Of Utah1229 Words   |  5 PagesIn the state of Utah, statistically one in three women will be sexually assaulted in her lifetime, a nd one in eight will be raped. (Morgan, E. 2014). Campuses nationwide, and specifically the state of Utah, are feeling the weight of this issue impact the campus environment. In the past, the honor code system at Brigham Young University interfered with the legal process, â€Å"revictimized† victims of rape and sexual assault, and most importantly, sent a message to the student body that they should notRead MoreAmerican Politics And Heritage Of The United States1731 Words   |  7 Pagesone who dreamed of exploring space and all of its mysteries. 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On the other hand an industrial-organizationalRead MoreConsent And The Potential Effects Of Affirmative Consent Essay1165 Words   |  5 Pages 1. TITLE: Consent and What It Means to Utah College Students 2. OBJECTIVE This research is to determine students understanding of what sexual consent is and the possible effects of affirmative consent being implemented schools. The theory is that individuals do not have a common understanding of what sexual consent is. The hypothesis is that in college campuses, students have an unclear understanding of sexual consent, affirmative consent would decrease misunderstandings of consent and ultimatelyRead MoreAnxiety And Classroom Dynamics ( National Institute Of Mental Health1539 Words   |  7 Pagesadults. (National Institute of Mental Health). Many college students suffer from anxiety stemming from a range of classroom dynamics, from teaching styles to a student’s studying habits and lack of confidence can affect a student. Anxiety doesn’t always impact a student’s learning capacity, though it may hinder the process of grasping new concepts. Many educators find themselves adjusting their teaching styles, to maximize their studentsâ₠¬â„¢ learning capabilities. Professors understand the stress andRead MoreSample Bibliography : 20 Important Benefits Of Music1035 Words   |  5 Pagesbecause it supports many of my claims with facts. Abril, Carlos R., and Brent M. Gault. The State Of Music In The Elementary School: The Principal s Perspective. Journal Of Research In Music Education 54.1 (2006): 6-20. Education Research Complete. Web. An, Song, Mary Margaret Capraro, and Daniel A. Tillman. Elementary Teachers Integrate Music Activities Into Regular Mathematics Lessons: Effects On Students Mathematical Abilities. Journal For Learning Through The Arts 9.1 (2013): ERIC. Web. Read MoreDr. Bundy, The Murderer, Rapist And Necrophilia Of Many Young Men Between 1974 And 19781092 Words   |  5 Pages1978. Bundy murdered young women all over the United States, including Washington, Utah, Oregon, Colorado and Florida. He was a suspect in over thirty-six murders and allegedly murdered many more. (2015, www.twistedminds.com). Fortunately, forensic science played a key role in the conviction of several murders. The murders On the morning of January 4, 1974, Bundy entered the home of an 18-year-old female University of Washington student, Joni Lenz. Bundy used a crow bar and bludgeoned herRead MoreWhat Has Happened? College That Reveals Your Intelligence, Service, Or Capabilities?1301 Words   |  6 Pagesgrants and financial aid made my education possible, and so I tried to give back where possible. For two years I volunteered in a leadership role with SNAC, the Student Nutrition Access Center (SNAC) at USU. SNAC offered nutrition services and food assistance to struggling students. Although our services were limited, we helped our fellow students be more successful as they worked to improve their own lives. Volunteering with SNAC as well as a number of other experiences influenced my decisionRead MoreForensic Psychology : A More Than One Career Option933 Words   |  4 Pagespublic policy dealing with psychology and the law. Forensic psychologists can wear many hats, and their work opportunities can be sporadic; so their salaries are hard to track. The BLS states that general psychologists made a median annual wage of $69,280 a year in 2012 (BLS4), while Forensic Psychology Online states a starting salary for a forensic psychologist is $52,000 a year (FPO). Subsequently, you’ll want to check out the American board of forensic psychology. â€Å"The American board of forensic

Macbeth- General Information, Rough Essay Free Essays

then is revealed as being weak and easily manipulated. He then descends into become a murderous madman. one realizes Macbeth’s transformation into one of drama’s most infamous villains coincides with a profound transformation of his conscience—to a point where he has none at all. We will write a custom essay sample on Macbeth- General Information, Rough Essay or any similar topic only for you Order Now Throughout the play Macbeth makes a journey from following a moral ethic, implementing a flawed ethic, and arriving to a point where he had none at all. When comparing Banquo and Macbeth, after they meet the weird sisters, one see’s that Banquo adheres to warrior ethics where Macbeth moves away from it. At the start of the play Macbeth was idolised by everyone and thought to have been a man of very great power whom could be defeated by nobody: â€Å"All is too weak for brave Macbeth – well he deserves that name† 1. 2. 15. It is stated in this quote by the Captain that at the start Macbeth was known as a brave heroic man, which his enemies were too weak to overthrow. By the end of the play his status falls from a man of great magnificence to one that has barely managed to keep his own sanity. Thus our first description of Macbeth is that of a brave, loyal soldier defending his King and country He appears to be a strong military leader ‘brave Macbeth- well he deserves that name’’, is then called ‘noble Macbeth’ and given the traitor’s title, Thane of Cawdor: ‘’with this former title greet Macbeth’’. The Captain tells the King killed the traitor Macdonald in a very horrible and gory manner ‘’unseamed him from the nave to th’chops’’ Therefore, we are led to believe that Macbeth is a good, loyal, courageous, and determined man. Things From the moment they are introduced to the play the witches are seen as a negative effect on Macbeth, creating chaos by prophesysing to Macbeth that he is going to become Thane of Cawdor ‘’All hail, Macbeth! Hail to thee, Thane of Cawdor! ’’ and that he is going to become king ‘’All hail, Macbeth! That shall be King hereafter’’and getting him to act. He knows he is already Thane of Glamis, but does not know that Duncan has promoted him to Thane of Cawdor. Macbeth is surprised by the promise of kingship. Banquo’s prophecy is even more fantastic: he will be the father of kings but not king, and will be greater and happier than Macbeth. That is the moment when Macbeth wants to know more. The witches basically planted the seed of evil in Macbeth’s mind that later on grew to dominate his every action. However, it was Macbeth’s ambition that decided to take action on these prophesies, therefore it was he that decided the final outcome. When Ross and Angus enter to proclaim Macbeth’s promotion, he is very surprised: ‘’The Thane of Cawdor lives, why do you dress me in borrowed robes? ’ Moreover, Macbeth believes that this is the fulfilment of the witches prophecies, However, there is no clear reason why Macbeth would become king, especially since the present King is so loved and admired. In the next few lines it becomes apparent that Macbeth not only has thought about being king, but he also believes what the witches told him is true: Glamis, and Thane of Cawdor: The greatest is behind Two truths are told, As happy prologues to the swelling act Of the imperial theme. (1. 3. 115-116, 126-128) This is the first time we see him realising that he might have to do something, as killing Duncan, in order to get to the throne. He debates the good and the bad side of the prophecies : ‘’If good, why do I yield to that suggestion whose horrid image doth unfix my hair’’ we are shown that Macbeth not only loves his King and country,’’our duties are to your throne and state, children and servants’’ but also himself. It still remains to be seen what action he will take. Macbeth’s change has begun. ** Soon enough, we are taken to Macbeth’s home, wherewe meet his wife, Lady Macbeth. Lady Macbeth has just received a letter from her husband in whichhe tells her everything that has happened. Because the witches got him very interested in their prophecies, he has had them investigated and has ’’ learned by the perfectest report that they have more in them than mortal knowledge. ’’ It is clear that after calling the witches ‘imperfect speakers’ (1. 3. 68), Macbeth has now changed his mind. He also interprets the prophecies and tells his wife a slightly changed version. He addresses her ‘’my dearest partner in greatness’’ and seems to be sincere. Lady Macbeth, however, is determined that her husband becomes king. she says that Macbeth lacks the qualities necessary to assassinate Duncan without remorse or regret: ‘’yet do I fear thy nature, it is too full o’th’milk of human-kindness to catch the nearest way’’ . she hen prays for supernatural help to take away all of her feminine qualities and basically any traits of conscience: ‘’ unsex me here, and fill me from the crown to the toe top full of direst cruelty! ’, ‘’stop up th’access and passage to remorse’’, ‘’that my keen knife see not the wound it makes’’. After Macbeth arrives, Lady Macbeth is telling him to ‘’look like the innocent flower, but be the serpent under’t’’ and to ‘Leave all the rest to me’ Th is implicates her in the murdering of Duncan and shows us that she is taking the responsibility. She is essentially taking over. After the King arrives at the castle and prepares to sleep peacefully, Macbeth is still debating how he can achieve the crown without getting caught. He doesn’t want to do it personally; he wants to get it over with:’’ If it were done, when’tis done, then ‘twere done well it were done quickly’ and doesn’t really want to kill his cousin and King; he has a conscience: ‘’he’s here in double trust’. On the other side, he’s obsessed with becoming king and his thoughts keep flowing in the same direction: ‘’I have no spur to prick the sides of my intent, but only vaulting ambitions, which o’er-leaps itself and falls on the other’’. We see duality when he says: ‘’we will proceed no longer in this business’’ and tries to procrastinate the murder. His wife then plays games with his mind and basically psychologically bullies and pressures him into killing Duncan by telling him that he is less than a man if he does not carry out the murder:’’ when you durst do it, then you were a man; and, to be more than what you were, you would be so much more the man’’, and that she, being a woman has more strength of purpose than he does: ‘’i would, while it was smiling in my face, have plucked my nipple from his boneless gums, and dashed the brains out, had i sworn as you have done to this’. As soon as Macbeth has kills Duncan, he seems to start to lose his ind. He starts hallucinating: ‘’is this a dagger which i see before me, the handle toward my hand? Come, let me clutch thee. I have not, and yet I see thee still’’. He is unable to think clearly and is very paranoid. He is ready to eliminate anything that stands in his waybecause oft his ambitions for himself and the fear of being discovered. He just doesn’t know what to do with himself while trying to keep the crown. Even though he is committed to Duncan, he Because Macbeth is afraid of the witches’ prophecy that he will lose the crown: ‘’To be thus in nothing, but to be safely thus. Our fears in Banquo stick deep’’ and Banquo will become king, he sends people to kill Banquo and Fleance. He hires three murderers in order to make sure that they won’t be able to escape. They ambush Banquo on his way to a royal feast, but Fleance escapes into the night. Macbeth is now the prisoner insolent and nagging doubts and fears,: ‘’But now I am cabined, confined, bound in to saucy doubts and fears’’, and is now paranoid because Fleace has escaped: ‘’There the grown serpent lies; the worm that’s fled hath nature that in time will venom breed’’. How to cite Macbeth- General Information, Rough Essay, Essays

Independence Day Speech or Has India Really Progressed free essay sample

At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom. A moment comes, which comes but rarely in history, when we step out from the old to the new†¦India discovers herself again. We are proud of our democracy. We are proud of our values and ideals Today, we remember all those martyrs who laid down their lives for the freedom and security of our country. The best way of paying homage to those brave sons of our country will be to resolve today that we will always stay committed to strengthening the unity and integrity of our nation. Let us all together take a vow that we will spare no effort to take India to greater heights. In the early hours of the 15th of August, 1947, when our nation had just become Independent, our first Prime Minister, Jawaharlal Nehru spoke to the nation and asked us all one important question on the very first day we became a free country: Are we brave enough and wise enough to grasp this opportunity and accept the challenge of the future? Today, my fellow citizens, I stand here once again and ask you that same question. We will write a custom essay sample on Independence Day Speech or Has India Really Progressed? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Are we ready to face the challenge of the future? Are we brave enough, to do so, and wise enough, in doing so? Can we rediscover the ideas and ideals that shaped our freedom struggle, and use them to take our country forward into the future? Are we willing to show the courage and the wisdom that Panditji wanted us to show in building a new India in a new world? Are we really independent? Well that depends. A country cannot be independent till it can freely express its opinion and act based on its national and strategic interests. Yes, we are independent constitutionally. But let us give it a second thought and ask After 63 years, are we really independent? I do not think so. We still do not have complete freedom. Laws are made by our elected representatives and thrown upon on us. And we call ourselves the largest democracy in the world. we are expected to co-operate. India is said to be a secular state. But our secularism goes for a ride whenever there is communal tension in any part of our country. I do not say that all Indians are alike, but a handful of trouble-makers are enough to change the perception of a large majority of sensible minds. We cant even think independently! An Indian should feel proud throughout the year. Just one Independence Day celebration in a year is not enough. We must be a self-sustaining nation with least dependence on foreign culture, money, power and influence. Let us start with culture – are we not eager to shed our â€Å"Ego and Parampara† and embrace the Americanism for money and status symbol? Money – isn’t our national reserve dependent on how much foreign money comes through foreign institutional investments? Let us take power – did we not withdraw from Kashmir border on insistence of America? Did we not settle in Kargil and not cross the LOC because of what the super powers will do in United Nation? Are we not compromising with China to keep America and Pakistan in check? Well you will say this is part of diplomacy! Influence – Whom do we influence? We tried to give money to only Bangladesh and a few African countries to build their railways! Then I found that we really never gave them the money – just proposed and they are nervous about accepting the same! We have a huge population, more than half of them are uneducated, employed, living in terrible conditions without major health and hygiene provisions, and still India has managed to shine. Yes, if you say technologically or as per the growth rate, then it is doing very well. But there is so much cultural unrest, In other words, is the real India shining? Not from a political perspective.